Kansas 2025-2026 Regular Session Status: Passed Senate

SB 70 — Prohibiting fees for electronic copies of records under the open records act, exempting from disclosure formally closed investigations with no found violations, requiring county or district attorneys to file reports of violations with the attorney general in October instead of January, determining the membership calculation of subordinate groups under the open meetings act, requiring public bodies or agencies that live stream meetings to ensure that the public is able to observe and providing for a five minute deviation to resume an open meeting at the conclusion of executive sessions.

Last action — Stricken from Calendar by Rule 1507

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the Senate. Introduced January 23, 2025. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the House.

Prognosis

Stalled 26% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Passed Senate

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

705 added · 666 removed

Plain-language change summary

The recent amendments to Senate Bill 70 clarify the rules about public records and transparency in government meetings. Notably, the bill now explicitly exempts certain closed investigation records with no violations from being disclosed and requires attorneys to file violation reports earlier in the year. Additionally, there is a new requirement for public bodies that live stream their meetings to ensure that everyone can properly observe the proceedings, which should enhance public access to government activities. These changes aim to strike a balance between transparency and protecting sensitive information while improving public engagement in local governance.

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{As Amended by Senate Committee of the Whole} As Amended by Senate Committee Session of 2025 SENATE BILLNo.
As Amended by House Committee {As Amended by Senate Committee of the Whole} As Amended by Senate Committee Session of 2025 SENATE BILL No.
providing for reasonable prohibiting fees for electronic copies of records;
providing for reasonable prohibiting fees for electronic copies of records limiting certain charges for furnishing records and employee time required to make records available;
exempting from disclosure formally closed investigations with no found violations;
exempting from disclosure records compiled in the process of formally closed investigations with no found violations and records that contain material that is obscene from disclosure;
requiring district attorneys to file reports of violations with the attorney in December October instead of January;
requiring county or district attorneys to file reports of violations with the attorney general in December October instead of January;
providing for a five minute deviation to resume an open meeting at the conclusion of executive sessions;
providing for a five-minute deviation to resume an open meeting at the conclusion of executive sessions;
45-219, 75-7d01, 75-753, 75-4318 and 75-4319 and K.S.A.
45-219, 75-7d01, 75-753, and 75-4318 and 75-4319 and K.S.A.
A public agency shall not be required to provide copies of radio or recording tapes or discs, video tapes or films, pictures, slides, graphics, illustrations or similar audio or visual items or devices, unless such items or devices were shown or played to a public meeting of the governing body thereof, but the public agency shall not be required to provide such items or devices which are copyrighted by a person other than the public agency.
A public agency shall not be required to provide copies of radio or recording tapes or discs, video tapes or films, pictures, slides, graphics, illustrations or similar audio or visual items or devices, unless such items or devices were shown or played to a public meeting of the governing body thereof, but except that the public agency shall not be required to provide such items or devices which that are copyrighted by a person other than the public agency.
When practical, copies shall be made in the place where the records are kept.
When practical Whenever practicable, copies shall SB 70—Am.
If it is impractical to do so, the custodian shall allow arrangements to be made for use of other facilities.
by HC 2 be made in the place where the records are kept.
If it is impractical not practicable to do so, the custodian shall allow arrangements to be made for use of other facilities.
In addition, the public agency may charge the same fee for the services rendered in supervising the copying as SB 70—Am.
In addition, the public agency may charge the same fee for the services rendered in supervising the copying as for furnishing copies under subsection (c) and may establish a reasonable schedule of times for making copies at other facilities.
by SCW 2 for furnishing copies under subsection (c) and may establish a reasonable schedule of times for making copies at other facilities.
(c) Except as provided by subsection (f) (h) or where fees for inspection or for copies of a public record are prescribed by statute, each public agency may prescribe reasonable fees for providing access to or furnishing copies of public records, subject to the following:
(c) Except as provided by subsection (f) or where fees for inspection or for copies of a public record are prescribed by statute, each public agency may prescribe reasonable fees for providing access to or furnishing copies of public records, subject to the following:
(1) In the case of fees for copies of records, the fees shall not exceed the actual cost of furnishing copies the requested records, including the cost of staff time required to make the information available.
(1) In the case of fees for copies of records, the fees shall not exceed the actual cost of furnishing copies, including the cost of staff time required to make the information available.
Actual costs may include the cost to review and redact the requested records but shall not include incidental costs incurred by the public agency that are not attributable to furnishing the requested records.
(3) Fees for access to or copies of public records of public agencies within the legislative branch of the state government shall be established in accordance with K.S.A.
(3) If the public agency incurs costs for staff time to provide access to or furnish copies of public records, the agency shall use in good faith the lowest-cost category of staff reasonably necessary to provide access to or furnish copies of public records.
46-1207a, and amendments thereto.
Charges for staff time shall be based on the employee's salary or hourly wage.
(4) Fees for access to or copies of public records of public agencies within the judicial branch of the state government shall be established in accordance with rules of the supreme court.
Charges for staff time shall not include the costs of employee benefits.
(5) Fees for access to or copies of public records of a public agency within the executive branch of the state government shall be established by the agency head.
(4) Fees for access to or copies of public records of public agencies within the legislative branch of the state government shall be established in accordance with K.S.A.
Any person requesting records may appeal the reasonableness of the fees charged for providing access to or furnishing copies of such records to the secretary of administration whose decision shall be final.
46-1207a, and amendments thereto, and the provisions of this section.
(6) A fee for copies of public records which is equal to or less than $.25 per printed page shall be deemed a reasonable fee.
(4)(5) Fees for access to or copies of public records of public agencies within the judicial branch of the state government shall be established in accordance with rules of the supreme court and the provisions of this section.
(5)(6) Fees for access to or copies of public records of a public agency within the executive branch of the state government shall be established in accordance with the provisions of this section by the agency head.
(d) Any person requesting records within the executive branch may appeal the reasonableness of the fees charged for providing access to or furnishing copies of such records to the secretary of administration whose decision shall be final.
SB 70—Am.
by HC 3 (6) A fee for copies of public records which is equal to or less than $.25 per printed page shall be deemed a reasonable fee.
(d) Except as otherwise authorized pursuant to K.S.A.
(d)(e) (1) When the staff time needed to respond to a records request will exceed five hours or the estimated actual cost for staff time needed to fill the request exceeds $200, the public agency shall make reasonable efforts to contact the requester and engage in interactive communication about mitigating costs to fill the request.
The requester is not obligated to mitigate costs.
(2) If a public agency has made reasonable efforts to contact the requester pursuant to this section and the requester has failed to respond by the end of the third business day, the records request will be deemed to be withdrawn until a subsequent contact has been made by the requester to the public agency.
(3) As used in this subsection, "reasonable efforts to contact the requester" means contacting the requester through the means of communication that the requester provided to be used by the agency to respond to the request.
(f) Except as otherwise authorized pursuant to K.S.A.
(e) Each public agency of a political or taxing subdivision shall remit all moneys received by or for it from fees charged pursuant to this act to the treasurer of such political or taxing subdivision at least monthly.
(e)(g) Each public agency of a political or taxing subdivision shall remit all moneys received by or for it from fees charged pursuant to this act to the treasurer of such political or taxing subdivision at least monthly.
Upon receipt of any such moneys, such treasurer shall deposit the entire amount SB 70—Am.
Upon receipt of any such moneys, such treasurer shall deposit the entire amount thereof in the treasury of the political or taxing subdivision and credit the same to the general fund thereof, unless otherwise specifically provided by law.
by SCW 3 thereof in the treasury of the political or taxing subdivision and credit the same to the general fund thereof, unless otherwise specifically provided by law.
(f)(h) Any person who is a certified shorthand reporter may charge fees for transcripts of such person's notes of judicial or administrative proceedings in accordance with rates established pursuant to rules of the Kansas supreme court.
(f) Any person who is a certified shorthand reporter may charge fees for transcripts of such person's notes of judicial or administrative proceedings in accordance with rates established pursuant to rules of the Kansas supreme court.
(g)(i) Nothing in the open records act shall require a public agency to electronically make copies of public records by allowing a person to obtain SB 70—Am.
(g) Nothing in the open records act shall require a public agency to electronically make copies of public records by allowing a person to obtain copies of a public record by inserting, connecting or otherwise attaching an electronic device provided by such person to the computer or other electronic device of the public agency.
by HC 4 copies of a public record by inserting, connecting or otherwise attaching an electronic device provided by such person to the computer or other electronic device of the public agency.
SB 70—Am.
(8) Information that would reveal the identity of an individual who lawfully makes a donation to a public agency, if anonymity of the donor is a condition of the donation, except if the donation is intended for or restricted to providing remuneration or personal tangible benefit to a named public officer or employee.
by SCW 4 (8) Information that would reveal the identity of an individual who lawfully makes a donation to a public agency, if anonymity of the donor is a condition of the donation, except if the donation is intended for or restricted to providing remuneration or personal tangible benefit to a named public officer or employee.
(10) Criminal investigation records, except as provided herein.
SB 70—Am.
by HC 5 (10) Criminal investigation records, except as provided herein.
and (F) would not reveal the name, address, phone number or any other information that specifically and individually identifies the victim of any sexual offense described in article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto.
and (F) would not reveal the name, address, phone number or any other information that specifically and individually identifies the victim of any sexual offense described in article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas StatutesAnnotated, and amendments thereto.
(12) Records of emergency or security information or procedures of a public agency, if disclosure would jeopardize public safety, including records of cybersecurity plans, cybersecurity assessments and cybersecurity vulnerabilities or procedures related to cybersecurity plans, SB 70—Am.
(12) Records of emergency or security information or procedures of a public agency, if disclosure would jeopardize public safety, including records of cybersecurity plans, cybersecurity assessments and cybersecurity vulnerabilities or procedures related to cybersecurity plans, cybersecurity assessments and cybersecurity vulnerabilities, or plans, drawings, specifications or related information for any building or facility that is used for purposes requiring security measures in or around the building or facility or that is used for the generation or transmission of power, water, fuels or communications, if disclosure would jeopardize security of the public agency, building or facility.
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by SCW 5 cybersecurity assessments and cybersecurity vulnerabilities, or plans, drawings, specifications or related information for any building or facility that is used for purposes requiring security measures in or around the building or facility or that is used for the generation or transmission of power, water, fuels or communications, if disclosure would jeopardize security of the public agency, building or facility.
(14) Correspondence between a public agency and a private individual, other than correspondence that is intended to give notice of an action, policy or determination relating to any regulatory, supervisory or enforcement responsibility of the public agency or that is widely distributed to the public by a public agency and is not specifically in response to communications from such a private individual.
SB 70—Am.
by HC 6 (14) Correspondence between a public agency and a private individual, other than correspondence that is intended to give notice of an action, policy or determination relating to any regulatory, supervisory or enforcement responsibility of the public agency or that is widely distributed to the public by a public agency and is not specifically in response to communications from such a private individual.
(21) Records of a public agency having legislative powers that pertain SB 70—Am.
(21) Records of a public agency having legislative powers that pertain to proposed legislation or amendments to proposed legislation, except that this exemption shall not apply when such records are:
by SCW 6 to proposed legislation or amendments to proposed legislation, except that this exemption shall not apply when such records are:
(22) Records of a public agency having legislative powers that pertain to research prepared for one or more members of such agency, except that this exemption shall not apply when such records are:
(22) Records of a public agency having legislative powers that pertain to research prepared for one or more members of such agency, except that SB 70—Am.
by HC 7 this exemption shall not apply when such records are:
(B) the attorney general, law enforcement agencies, counsel for the inmate to whom the record pertains and any county or district attorney shall have access to correctional records to the extent otherwise permitted SB 70—Am.
(B) the attorney general, law enforcement agencies, counsel for the inmate to whom the record pertains and any county or district attorney shall have access to correctional records to the extent otherwise permitted by law;
by SCW 7 by law;
and (D) records of the department of corrections regarding the financial assets of an offender in the custody of the secretary of corrections shall be subject to disclosure to the victim, or such victim's family, of the crime for which the inmate is in custody as set forth in an order of restitution by the sentencing court.
and (D) records of the department of corrections regarding the financial SB 70—Am.
by HC 8 assets of an offender in the custody of the secretary of corrections shall be subject to disclosure to the victim, or such victim's family, of the crime for which the inmate is in custody as set forth in an order of restitution by the sentencing court.
(38) Risk-based capital reports, risk-based capital plans and corrective orders including the working papers and the results of any analysis filed with the commissioner of insurance in accordance with SB 70—Am.
(38) Risk-based capital reports, risk-based capital plans and corrective orders including the working papers and the results of any analysis filed with the commissioner of insurance in accordance with K.S.A.
by SCW 8 K.S.A.
(41) All financial analysis ratios and examination synopses concerning insurance companies that are submitted to the commissioner by the national association of insurance commissioners' insurance regulatory information system.
(41) All financial analysis ratios and examination synopses concerning insurance companies that are submitted to the commissioner by the national association of insurance commissioners' insurance regulatory SB 70—Am.
by HC 9 information system.
to the licensed funeral director who has custody of the body of SB 70—Am.
to the licensed funeral director who has custody of the body of the deceased dischargee;
by SCW 9 the deceased dischargee;
(47) Information that would reveal the location of a shelter or a safehouse or similar place where persons are provided protection from abuse or the name, address, location or other contact information of alleged victims of stalking, domestic violence or sexual assault.
(47) Information that would reveal the location of a shelter or a safehouse or similar place where persons are provided protection from abuse or the name, address, location or other contact information of SB 70—Am.
by HC 10 alleged victims of stalking, domestic violence or sexual assault.
Such person shall file with the custodian of such record a request to have such person's identifying information restricted from public access on such public SB 70—Am.
Such person shall file with the custodian of such record a request to have such person's identifying information restricted from public access on such public website.
by SCW 10 website.
(52) Records of a public agency that would disclose the name, home address, zip code, e-mail address, phone number or cell phone number or other contact information for any person licensed to carry concealed handguns or of any person who enrolled in or completed any weapons training in order to be licensed or has made application for such license under the personal and family protection act, K.S.A.
(52) Records of a public agency that would disclose the name, home address, zip code, e-mail address, phone number or cell phone number or other contact information for any person licensed to carry concealed handguns or of any person who enrolled in or completed any weapons SB 70—Am.
by HC 11 training in order to be licensed or has made application for such license under the personal and family protection act, K.S.A.
(56) Records of a public agency that contain material that is obscene as defined in K.S.A.
21-6401, and amendments thereto.
Nothing contained herein shall be construed to prohibit the publication of statistics, so classified as to prevent identification of SB 70—Am.
Nothing contained herein shall be construed to prohibit the publication of statistics, so classified as to prevent identification of particular reports or returns and the items thereof.
by SCW 11 particular reports or returns and the items thereof.
(d) If a public record contains material that is not subject to disclosure pursuant to this act, the public agency shall separate or delete such material and make available to the requester that material in the public record that is subject to disclosure pursuant to this act.
(d) If a public record contains material that is not subject to disclosure pursuant to this act, the public agency shall separate or delete such material and make available to the requester that material in the public SB 70—Am.
by HC 12 record that is subject to disclosure pursuant to this act.
To accomplish this purpose, upon request of the unit, the unit shall have access to all records of reports, investigation documents and written reports of findings related to confirmed cases of domestic violence or exploitation of persons or cases in which there is reasonable suspicion to believe domestic violence has occurred that are received or generated by SB 70—Am.
To accomplish this purpose, upon request of the unit, the unit shall have access to all records of reports, investigation documents and written reports of findings related to confirmed cases of domestic violence or exploitation of persons or cases in which there is reasonable suspicion to believe domestic violence has occurred that are received or generated by the Kansas department for children and families, the Kansas department for aging and disability services, the department of health and environment or the Kansas bureau of investigation.
by SCW 12 the Kansas department for children and families, the Kansas department for aging and disability services, the department of health and environment or the Kansas bureau of investigation.
The batterer intervention program tools, methodologies, requirements and forms shall be developed in consultation with the agency certified by the centers for disease control and prevention and the department of health and human services as the domestic violence coalition for the state and with local domestic violence victims' services organizations.
The batterer intervention program tools, methodologies, requirements and forms shall SB 70—Am.
by HC 13 be developed in consultation with the agency certified by the centers for disease control and prevention and the department of health and human services as the domestic violence coalition for the state and with local domestic violence victims' services organizations.
(a) Subject to the provisions of subsection (g), all meetings for the conduct of the affairs of, and the transaction of business by, all legislative and administrative bodies and agencies of the state and political and taxing subdivisions thereof, including boards, commissions, authorities, councils, committees, subcommittees and other subordinate groups thereof, receiving or expending and supported in whole or in part by public funds shall be open to the public and no binding action by such public bodies or SB 70—Am.
(a) Subject to the provisions of subsection (g), all meetings for the conduct of the affairs of, and the transaction of business by, all legislative and administrative bodies and agencies of the state and political and taxing subdivisions thereof, including boards, commissions, authorities, councils, committees, subcommittees and other subordinate groups thereof, receiving or expending and supported in whole or in part by public funds shall be open to the public and no binding action by such public bodies or agencies shall be by secret ballot.
by SCW 13 agencies shall be by secret ballot.
(1) If notice is requested by petition, the petition shall designate one person to receive notice on behalf of all persons named in the petition, and notice to such person shall constitute notice to all persons named in the petition;
SB 70—Am.
by HC 14 (1) If notice is requested by petition, the petition shall designate one person to receive notice on behalf of all persons named in the petition, and notice to such person shall constitute notice to all persons named in the petition;
SB 70—Am.
(2) to the prisoner review board when conducting parole hearings or parole violation hearings held at a correctional institution;
by SCW 14 (2) to the prisoner review board when conducting parole hearings or parole violation hearings held at a correctional institution;
(h) When a public body or agency subject to the act subdivides itself into subordinate groups the total membership of the subordinate group shall be used to determine if a majority of membership participated in a meeting subcommittee or other subordinate group is created by a public body or agency, whenever a majority of such subcommittee or other subordinate group meets, such subcommittee or other subordinate group shall be subject to the requirements of this act.
SB 70—Am.
by HC 15 (h) When a public body or agency subject to the act subdivides itself into subordinate groups the total membership of the subordinate group shall be used to determine if a majority of membership participated in a meeting subcommittee or other subordinate group is created by a public body or agency, whenever a majority of such subcommittee or other subordinate group meets, such subcommittee or other subordinate group shall be subject to the requirements of this act.
An unintentional technological failure or an action taken by the provider of the selected medium that disrupts or prevents such live stream shall not constitute a violation of this subsection.
SB 70—Am.
(3) to discuss employer-employee negotiations whether or not in consultation with the representative or representatives of the public body or agency;
by SCW 15 (3) to discuss employer-employee negotiations whether or not in consultation with the representative or representatives of the public body or agency;
(4) to discuss data relating to financial affairs or trade secrets of SB 70—Am.
(4) to discuss data relating to financial affairs or trade secrets of corporations, partnerships, trusts, and individual proprietorships;
by HC 16 corporations, partnerships, trusts, and individual proprietorships;
SB 70—Am.
(14) to discuss matters relating to the office of inspector general permitted to be discussed in a closed or executive meeting pursuant to K.S.A.
by SCW 16 (14) to discuss matters relating to the office of inspector general permitted to be discussed in a closed or executive meeting pursuant to K.S.A.
and (15) for the governor's domestic violence fatality review board to conduct case reviews.
and (15) for the governor's domestic violence fatality review board to SB 70—Am.
by HC 17 conduct case reviews.
7. K.S.A.
7.
45-219, 75-7d01, 75-753, 75-4318 and 75-4319 and K.S.A.
6. K.S.A.
45-219, 75-7d01, 75-753, and 75-4318 and 75-4319 and K.S.A.
8. This act shall take effect and be in force from and after its publication in the statute book.
8.
7. This act shall take effect and be in force from and after its publication in the statute book.
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Action History

  1. Stricken from Calendar by Rule 1507

  2. Committee Report recommending bill be passed as amended by House Committee on Judiciary

  3. Received and Introduced

  4. Referred to House Committee on Judiciary

  5. Final Action - Passed as amended; Yea 26, Nay 14

  6. Committee of the Whole - Committee Report be adopted

  7. Committee of the Whole - Motion to Amend - Offered by Sen. Kellie Warren

  8. Committee of the Whole - Amendment by Sen. Kellie Warren was adopted

  9. Committee of the Whole - Be passed as further amended

  10. Committee Report recommending bill be passed as amended by Senate Committee on Judiciary

  11. Referred to Senate Committee on Judiciary

  12. Introduced

Sponsors

  • Committee on Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 164 not signed on

Sponsors (1)

  • Committee on Judiciary

Co-sponsors (0)

None.

Not signed on (164)

164 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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SB 70 is sponsored by Committee on Judiciary.
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This bill has passed the Senate. Introduced January 23, 2025. It now moves to the second chamber.
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